Texas 2015 - 84th Regular

Texas Senate Bill SB1047 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R11554 CLG-D
2	2	By: Hall S.B. No. 1047
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to abolishing the Texas Enterprise Fund and the
8	8	disposition of the balance of that fund.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The following laws are repealed:
11	11	(1) Sections 481.078 and 481.080, Government Code;
12	12	(2) Sections 1372.031(b), (c), (d), and (e),
13	13	Government Code; and
14	14	(3) Section 303.005(a), Labor Code.
15	15	SECTION 2. (a) On September 1, 2015, the Texas Enterprise
16	16	Fund is abolished and the balance of the fund is transferred to the
17	17	general revenue fund for use in accordance with legislative
18	18	appropriation, except as provided by Subsections (c), (d), and (e)
19	19	of this section.
20	20	(b) The abolishment of the Texas Enterprise Fund and the
21	21	repeal of Sections 481.078 and 481.080, Government Code, do not
22	22	affect the validity of an agreement between the governor and a grant
23	23	recipient or an entity to be awarded a grant that is entered into
24	24	under Section 481.078, Government Code, before September 1, 2015.
25	25	(c) Money that was deposited in the Texas Enterprise Fund as
26	26	a gift, grant, or donation under Section 481.078(b)(3), Government
27	27	Code, and that is encumbered by the specific terms of the gift,
28	28	grant, or donation may be spent only in accordance with the terms of
29	29	the gift, grant, or donation.
30	30	(d) Money from the Texas Enterprise Fund that is encumbered
31	31	because the money is awarded, by grant, or otherwise obligated by
32	32	agreement before September 1, 2015, but under the terms of the award
33	33	or agreement will not be distributed until a later date shall be
34	34	distributed in accordance with the terms of the award or agreement.
35	35	If the governor determines that the money will not be distributed in
36	36	accordance with the terms of the award or agreement, the governor
37	37	shall certify that fact to the comptroller. On that certification,
38	38	the comptroller shall make that money available in the general
39	39	revenue fund to be used in accordance with legislative
40	40	appropriation.
41	41	(e) Contingent on the passage and becoming law of
42	42	legislation of the Regular Session of the 84th Legislature that
43	43	provides the office of the governor or any division of that office
44	44	the authority to provide for security of the electrical grid in this
45	45	state against damage from an electromagnetic pulse or a geomagnetic
46	46	pulse, money transferred to the general revenue fund as provided by
47	47	Subsection (a) of this section, other than money described by
48	48	Subsection (c) or (d) of this section, may be appropriated only to
49	49	the office of the governor or any division of that office that has
50	50	the authority to provide for security of the electrical grid in this
51	51	state against damage from an electromagnetic pulse or a geomagnetic
52	52	pulse.
53	53	(f) On or after the effective date of this Act, the
54	54	following payments or other amounts shall be sent to the
55	55	comptroller for deposit to the state highway fund:
56	56	(1) interest earned on the investment of money in the
57	57	Texas Enterprise Fund;
58	58	(2) any money returned or repaid by an entity pursuant
59	59	to an agreement entered into under Section 481.078, Government
60	60	Code; and
61	61	(3) any money derived from an interest the state
62	62	retained in a capital improvement pursuant to an agreement entered
63	63	into under Section 481.078, Government Code.
64	64	SECTION 3. Subchapter E, Chapter 481, Government Code, is
65	65	amended by adding Section 481.0781 to read as follows:
66	66	Sec. 481.0781. ANNUAL PROGRESS REPORT FOR GRANT RECIPIENTS
67	67	OF FORMER TEXAS ENTERPRISE FUND. (a) An entity that entered into a
68	68	grant agreement with the governor under former Section 481.078
69	69	shall submit to the governor, lieutenant governor, and speaker of
70	70	the house of representatives an annual progress report on the
71	71	attainment of each of the performance targets specified in the
72	72	agreement based on information compiled during the previous
73	73	calendar year of the report's due date.
74	74	(b) This section expires September 1, 2030.
75	75	SECTION 4. The heading to Section 481.079, Government Code,
76	76	is amended to read as follows:
77	77	Sec. 481.079. REPORT ON USE OF MONEY IN FORMER TEXAS
78	78	ENTERPRISE FUND.
79	79	SECTION 5. Section 481.079, Government Code, is amended by
80	80	amending Subsections (a), (a-1), and (c) and adding Subsection (d)
81	81	to read as follows:
82	82	(a) Before the beginning of each regular session of the
83	83	legislature, the governor shall submit to the lieutenant governor,
84	84	the speaker of the house of representatives, and each other member
85	85	of the legislature a report on grants made under former Section
86	86	481.078 that states:
87	87	(1) the number of direct jobs each recipient committed
88	88	to create in this state;
89	89	(2) the number of direct jobs each recipient created
90	90	in this state;
91	91	(3) the median wage of the jobs each recipient created
92	92	in this state;
93	93	(4) the amount of capital investment each recipient
94	94	committed to expend or allocate per project in this state;
95	95	(5) the amount of capital investment each recipient
96	96	expended or allocated per project in this state;
97	97	(6) the total amount of grants made to each recipient;
98	98	(7) the average amount of money granted in this state
99	99	for each job created in this state by grant recipients;
100	100	(8) the number of jobs created in this state by grant
101	101	recipients in each sector of the North American Industry
102	102	Classification System (NAICS); and
103	103	(9) of the number of direct jobs each recipient
104	104	created in this state, the number of positions created that provide
105	105	health benefits for employees.
106	106	(a-1) For grants awarded for a purpose specified by former
107	107	Section 481.078(d-1), the report must include only the amount and
108	108	purpose of each grant.
109	109	(c) The governor may require a person who received
110	110	[recipient of] a grant under former Section 481.078 to submit, on a
111	111	form the governor provides, information required to complete the
112	112	report.
113	113	(d) This section expires September 1, 2030.
114	114	SECTION 6. Section 1372.031(a), Government Code, is amended
115	115	to read as follows:
116	116	(a) Subject [Except as provided by Subsection (b) and
117	117	subject] to Sections 1372.0321, 1372.0231, and 1372.035(c), if, on
118	118	or before October 20, more than one issuer in a category described
119	119	by Section 1372.022(a)(2), (3), (4), or (6) applies for a
120	120	reservation of the state ceiling for the next program year, the
121	121	board shall grant reservations in that category in the order
122	122	determined by the board by lot.
123	123	SECTION 7. Section 1372.063, Government Code, is amended to
124	124	read as follows:
125	125	Sec. 1372.063. PRIORITY 1 CARRYFORWARD CLASSIFICATION. The
126	126	priority 1 carryforward classification applies to[:
127	127	[(1)] an issuer of a state-voted issue[; and
128	128	[(2) a state agency, other than an issuer of a
129	129	state-voted issue, that applies for a carryforward designation for
130	130	a project that:
131	131	[(A) is described by Section 1372.067(a)(2); and
132	132	[(B) the Texas Economic Development and Tourism
133	133	Office determines meets the governor's criteria for funding from
134	134	the Texas Enterprise Fund].
135	135	SECTION 8. Section 2306.2585(c), Government Code, is
136	136	amended to read as follows:
137	137	(c) The department may use any available revenue, including
138	138	legislative appropriations, appropriation transfers from the
139	139	trusteed programs within the office of the governor, including
140	140	[authorized appropriations from the Texas Enterprise Fund,]
141	141	available federal funds, and any [other] statutorily authorized and
142	142	appropriate funding sources transferred from the trusteed programs
143	143	within the office of the governor, for the purposes of this section.
144	144	The department shall solicit and accept gifts and grants for the
145	145	purposes of this section. The department shall use gifts and grants
146	146	received for the purposes of this section before using any other
147	147	revenue.
148	148	SECTION 9. Section 203.021(e), Labor Code, is amended to
149	149	read as follows:
150	150	(e) Money in the compensation fund may not be transferred to
151	151	the[:
152	152	[(1) Texas Enterprise Fund created under Section
153	153	481.078, Government Code; or
154	154	[(2)] Texas emerging technology fund established
155	155	under Section 490.101, Government Code.
156	156	SECTION 10. The heading to Section 303.005, Labor Code, is
157	157	amended to read as follows:
158	158	Sec. 303.005. [PARTICIPATION IN ADDITIONAL PROGRAMS;
159	159	APPLICATION REQUIREMENTS;] PRIORITY IN AWARDING GRANTS.
160	160	SECTION 11. Section 314.002(d), Labor Code, is amended to
161	161	read as follows:
162	162	(d) The commission, for the purposes of this section, may
163	163	use:
164	164	(1) money appropriated to the commission; and
165	165	(2) money that is transferred to the commission from
166	166	trusteed programs within the office of the governor, including:
167	167	(A) [appropriated money from the Texas
168	168	Enterprise Fund;
169	169	[(B)] available federal funds; and
170	170	(B) [(C)] money from [other] appropriate,
171	171	statutorily authorized funding sources.
172	172	SECTION 12. If a conflict exists between this Act and
173	173	another Act of the 84th Legislature, Regular Session, 2015, that
174	174	relates to the Texas Enterprise Fund, this Act controls without
175	175	regard to the relative dates of enactment.
176	176	SECTION 13. This Act takes effect September 1, 2015.